Maurizio bevilacqua
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Any time bars to accessing pre-removal assessment or humanitarian and compassionate applications would still need to be reasonable and procedurally fair, as the life, freedom and security of the applicant could be at stake pending the outcome of these decisions.
The humanitarian and compassionate review process operates as an avenue of last resort for persons who do not fit into any of the categories in IRPA to appeal directly to the minister.
In addition, the Auditor General, in the March 2009 report of the Auditor General of Canada, chapter two, asserts her concern for the need to timely and efficiently appoint and reappoint decision makers to the IRB.
These facts and others made the case for comprehensive refugee reform very obvious and an absolute priority.
This will require close review. By comparison, in Canada only 1% of asylum appeals are currently successful.
Guidelines are expected to clearly set out when an oral hearing is necessary and when an appeal should proceed in writing. Limiting access to humanitarian and compassionate grounds could lead to people being deported in the face of humanitarian injustices and safeguards.
This is one of the most contentious proposed changes.
The UNHCR has already expressed concern that any such process must take into account the gender and sexual orientation persecution issues in many democratic countries. This is what the bill is also trying to address.
In addition to the growing backlog of applications, there has been concern expressed about the integrity of our system.
Instead applicants and the minister would need to seek leave to appeal the first level decision from the federal court. He is a founding force behind the Spirit of Generosity Initiative and has been honored with numerous civic, humanitarian, and international awards recognizing his lifelong commitment to public good. The target for the appeal process in this case would be within four months.
There is currently no appeal within the IRB and review is left to the Federal Court. Let us put the system into its proper context. He stated that the new measures must recognize such things as “sexual preference”, are “grounds for persecution even in democracies”. Most of the appeals would be paper based, but there would be an opportunity for an oral hearing and the introduction of new evidence that was not available at the time of the first hearing.
In the United Kingdom, 89% of the initial 2007 decisions were appealed and 23% of those initial refusals were overturned.
For instance, according to budget 2010, CBSA was actually identified as a source of savings of $54 million in 2011 and $58.4 million in 2012-13 through streamlining and cuts, but had been allocated $142 million in new money under this plan. of Assns. The $540 million is broken down into $324 million over five years for the development of the new refugee system, $126 million to address the backlog and $90 over five years to increase the number of refugees resettled from abroad.
The concern we have, and I have stated this to the minister, is that these funds were not set out in budget 2010 and the Conservatives told us program spending was frozen for the next several years.
When we impose visa restrictions, we can jeopardize or strain relationships with countries, in the case of Mexico with one of our North American economic partners. That means that once the IRB, or RAD, if triggered, has rendered its decision, post decision processes will be barred for one year to allow for removal within that year.
The fact that decision makers are housed in the independent IRB may alleviate some concerns regarding their independence, but close assessment of their qualifications, training and hiring processes will be required.
Concerns have also been raised about the 60 day timeline, whether it is realistic and whether it will limit a claimant's ability to obtain representation and compile a proper case within this timeline.
Parliamentary secretary to Minister of Human Resources Development, 1995-1997. The bill would provide the minister with discretion to create designated countries of origin.